Louisville & Nashville Railroad v. Quinn
Court of Appeals of Kentucky
Case 51 — PETITION EQUITY — Under section 1 of art. 5, chap. 71, General Statutes, the possession was amjcable so long as the city held the property. The city did not acquire the fee-simple title, but acquired only a public easement in the land condemned.
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Case 51 — PETITION EQUITY — Under section 1 of art. 5, chap. 71, General Statutes, the possession was amjcable so long as the city held the property. The city did not acquire the fee-simple title, but acquired only a public easement in the land condemned. (Kelly v. Donahoe, 2 Met., 482; Washington Cemeteiy v. Prospect Park, &c., K. Co., 68 N. Y., 593; Clark v. Worcester, 125 Mass., 230.) But whatever may be, the character of title acquired by the city in the condemnation proceeding, whether it be a title to the fee-simple in the land or only the title to an easement in the land, sec. 1 of…
1Opinion of the CourtChief Justice Bennett
det - vered the opinion op the court.
As the issues in these cases are similar, they will be heard together and disposed of by one opinion.
Prior to 1872, the Louisville, Cincinnati and Lexington Railroad Company’s depot was on Jefferson street. In 1872, the city of Louisville agreed with the Louisville, Cincinnati and Lexington Railroad Company that it would give said company a right of way along the old bed of Beargrass creek, and grade it and fit it for use in consideration of said company surrendering to the city its right of way on Jefferson street. The city, pursuant to this agreement, by…
2Cited by12 opinions
- McLucas v. St. Joseph & Grand Island Railway Co.Nebraska Supreme Court · 1903
- Louisville & N. R. R. v. SmithCourt of Appeals of Kentucky · 1907
- LeMoyne v. NealCourt of Appeals of Kentucky · 1916
- Chicago, Milwaukee & St. Paul Railway Co. v. HankenSupreme Court of Iowa · 1908
- Elliott v. City of LouisvilleCourt of Appeals of Kentucky · 1906
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